possible will contesting

[william gnatek]

We adopted our son Shane when he was seven years old shortly after his grandfather who was his legal guardian passed away in 1994. His aunt is the only beneficiary listed in the will of Charles French the grandfather. Our question is have any rights of Shane been ignored as he has not received anything from his grandfathers estate? Is he entitled to receive anything from said estate ? We are sure this estate was settled without any of his interest in mind and also that the attorney who represented his aunt did not know that Charles French (the grandfather) had a legal guardian that was put up for adoptio n.



Thank You Bill

 

[dmode101]

1. Was Shane ever adopted by Charles?
2. Was Charles' son/daughter that was Shane's father/mother alive at the time of Charles' death?

The probate process requires that all "heirs at law" of the decedent be given notice of the probate proceedings. If the answer to either of the above questions is yes, then Shane was an "heir" of Charles. That does not necessrily mean that he is entitled to receive anything from the estate, but it does mean that he (or his then legal guardian) is entitled to notice of probate giving the heir the opportunity to contest the will.

 

[william gnatek]

Shanes father had signed away his rights to Shane when he was three years old. His mother passed away when Shane was about one. Shanes grandfather did not adopt Shane he was his legal guardian taking sole care of him until he died in 1994.



Thank You Bill

Legal custody was given to Shane's aunt at the time of his Grandfather's death. Within one month she signed him over to an adoption agency which was unaware of his circumstances. We and the adoption agency had legal custody of Shane during the settling of his grandfather's estate, However none of us were aware of this at the time . I later did research trying to locate other relatives and learn the history of my son when I was contacted by several of Shane's other living relatives who related the circumstances of Shane's life to us.

Thank You,

[Edited by william gnatek on 01-05-2001 at 01:55 PM]

 

[dmode101]

Is Charles the father of Shane's mother or father?

 

[william gnatek]

Charles is the father of Shane`s mother who died prior to the will be drawn up in 1982.



Thank You for all your help

Most Sincerly


William & Kathryn Gnatek

 

[dmode101]

OK. Then to sum this up, Shane (or his guardian) was entitled to receive notice of the probate proceedings because under state intestacy law children of deceased parents take the parents' share.